Appellant-plaintiff Bryan Woodard appeals the trial court’s order granting summary judgment in favor of appellee-defendant City of New Albany (New Albany) and affirming the decision of New Albany’s Board of Public Works and Safety (Safety Board) to terminate Woodard’s employment as a firefighter. Woodard raises a number of arguments on appeal, many of which have been waived, and we combine and restate the non-waived arguments as follows: (1) the trial court erred by striking a portion of Woodard’s designated evidence and brief in opposition to New Albany’s motion for summary judgment; and (2) the trial court erroneously affirmed the Safety Board’s decision, which was arbitrary and capricious and not based on substantial evidence.
Conclusion (slip op. at 8): The judgment of the trial court is affirmed.
Key Analysis (slip op. at 7,8): Woodard has never claimed, and does not claim on appeal, that the information in his affidavit or the Policy was newly discovered evidence that could not have been discovered and raised before the Safety Board. Consequently, we find that the trial court properly granted New Albany’s motion to strike this material . . . We conclude that the Safety Board’s findings were supported by substantial evidence and that its decision to terminate Woodard’s employment was neither arbitrary nor capricious. Thus, the trial court properly deferred to the Safety Board’s decision by granting summary judgment in New Albany’s favor.
Comments for Affirms trial court order granting SJ in favor of New Albany and its Board of Public Works and Safety's decision to end appellant's employment